Arbitration Clause

The Dean of the Faculty of Advocates is an arbitral appointment referee for the purposes of section 24 of the Arbitration (Scotland) Act 2010 and Rule 7 of the Scottish Arbitration Rules (in Schedule 1 to the 2010 Act) by virtue of the Arbitral Appointments Referee (Scotland) Order 2010 SSI No 196. Parties thinking ahead and wishing to ensure that their disputes are properly resolved by an experienced arbitrator, well versed in the law and practice of arbitration may wish to insert an arbitration clause in their contracts nominating the Dean of Faculty as an arbitral appointment referee, where parties are otherwise unable to agree who should be appointed arbitrator. To that end the following simple arbitration clause may be incorporated into or adapted for virtually any form of commercial or consumer contract where the speedy, efficient and competent resolution of a dispute may be required.

  1. Should any dispute or difference of any nature whatsoever, arise out of or in connection with this contract, the dispute or difference shall be determined by arbitration.
  2. Parties shall endeavour to agree the appointment of a single arbitrator.
  3. If parties fail to agree within 21 days of either party requesting (in writing, whether in electronic form or otherwise) the other to agree to the appointment of an eligible individual as arbitrator, either party may refer the matter to the Dean of the Faculty of Advocates, as statutory arbitral appointments referee.
  4. Upon such a reference, the Dean of the Faculty of Advocates shall make the necessary appointment. The arbitrator so appointed, shall, once the terms and conditions of his appointment have been agreed with the parties, determine the dispute or difference between the parties.
  5. The juridical seat of any arbitration between the parties to this contract is Scotland.

The clause may be modified to suit particular circumstances. Similar clauses can be devised to enable an Adjudicator, Mediator or Expert to be appointed by the Dean.